cabugao vs people of the philippines.docx

DR. ANTONIO P. CABUGAO vs. PEOPLE OF THE PHILIPPINES and SPOUSES RODOLFO M. PALMA and ROSARIO F. PALMA. G.R. No. 163879 July 30, 2014 x-----------------------x DR. CLENIO YNZON vs. PEOPLE OF THE PHILIPPINES and SPOUSES RODOLFO M. PALMA AND ROSARIO F. PALMA G.R. No. 165805

FACTS: On June 14, 2000, ten year old Rodolfo F. Palma, Jr. was brought by his parents to the clinic of accused Dr. Cabugao, a general practitioner, due to abdominal pain. Dr. Cabugao gave medicines for the pain. Due to persistent abdominal pains, they returned to Dr. Cabugao, who advised them to bring JR to the Nazareth General Hospital, for confinement. Upon his admission, Dr. Cabugao requested for a complete blood count and a diagnostic ultrasound on JR. The findings of the CBC and ultrasound showed that an inflammatory process or infection was going on inside the body of JR. Said inflammatory process was happening in the periumbilical region where the appendix could be located. The initial diagnosis of acute appendicitis appears to be a distinct possibility prompting him to refer Jr to Dr. Ynzon, a surgeon. Dr. Ynzon ordered medications to treat the symptoms being manifested by JR. Thereafter, he ordered that JR be observed for 24 hours. However, the accused, as the attending physicians, did not personally monitor JR in order to check on subtle changes that may occur. Rather, they left the monitoring and actual observation to resident physicians who are just on residency training. In the morning of June 16, 2000, JR complained again of abdominal pain and his parents noticed a swelling in his scrotum. In the afternoon of the same day, JR’s condition worsened. The nurses relayed JR's condition to Dr. Ynzon who gave orders via telephone. Accused continued medications to alleviate JR's abdominal spasms and diarrhea. By midnight, JR again vomited twice, had loose bowel movements and was unable to sleep. The following morning, JR's condition continued to deteriorate and finally died. The Death Certificate prepared by Dr. Cabugao indicated that the immediate cause of death is Cardiorespiratory Arrest and the underlying cause is Septicemia (Acute Appendicitis). On February 1, 2001, an Information was filed against accused for reckless imprudence resulting to homicide. The trial court found both accused guilty of reckless imprudence resulting to

homicide. Aggrieved by the decision, accused elevated the case to the Court of Appeals which however, affirmed their conviction. Thereafter, accused appealed the CA’s decision to the Supreme Court. ISSUE: Whether petitioners are guilty of the crime of reckless imprudence resulting in homicide, arising from an alleged medical malpractice HELD: Reckless imprudence consists of voluntarily doing or failing to do, without malice, an act from which material damage results by reason of an inexcusable lack of precaution on the part of the person performing or failing to perform such act. The elements of reckless imprudence are: (1) that the offender does or fails to do an act; (2) that the doing or the failure to do that act is voluntary; (3) that it be without malice; (4) that material damage results from the reckless imprudence; and (5) that there is inexcusable lack of precaution on the part of the offender, taking into consideration his employment or occupation, degree of intelligence, physical condition, and other circumstances regarding persons, time and place. With respect to Dr. Ynzon, all the requisites of the offense have been clearly established by the evidence on record. Dr. Ynzon failed to observe the required standard of care expected from doctors. It was sufficiently established that to prevent certain death, it was necessary to perform surgery on JR immediately. Even the prosecution’s own expert witness, Dr. Antonio Mateo, testified during cross-examination that he would perform surgery on JR. To be certain, whether or not a physician has committed an "inexcusable lack of precaution" in the treatment of his patient is to be determined according to the standard of care observed by other members of the profession in good standing under similar circumstances bearing in mind the advanced state of the profession at the time of treatment or the present state of medical science. Sadly, Dr. Ynzon did not display that degree of care and precaution demanded by the circumstances. With respect to Dr. Cabugao, the Supreme Court acquitted him from the crime of reckless imprudence resulting to homicide as the elements thereof were not proven by the prosecution beyond a reasonable doubt. Dr. Cabugao is not a surgeon,but a general practitioner specializing in family medicine, thus, even if he wanted to, he cannot do an operation, much less an appendectomy on JR. It is precisely for this reason why he referred JR to Dr. Ynzon after he suspected appendicitis.